Higginbottom v. Williford

Holt, j.,

dissenting.

This action concerns the custody of a little girl approximately three years of age. The divorce is not now an issue. At the time the divorce decree was rendered, this child was less than two years of age.

We have frequently announced the rule, involving child care and custody, that the primary consideration must be, and is, the welfare of the child. In the present case, there is no evidence or contention that the young mother is morally unfit to have the care and custocly of this little girl of such tender years, and as I construe our rule, in all such cases, it is that the…